Drunken driving law won’t take effect Wednesday due to lack of state Supreme Court ruling

Drunken driving law won’t take effect Wednesday due to lack of state Supreme Court ruling

Lawsuit says people have right to refuse to take breath test

Share

Shares

Copy Link

{copyShortcut} to copy
Link copied!

Updated: 8:11 PM CDT Oct 31, 2017

Hide TranscriptShow Transcript

WEBVTT CRYSTAL?CRYSTAL: THIS LAW WOULD HAVEMADE IT ILLEGAL FOR YOU TOREFUSE A BREATH TEST. WHILE LAWMAKERS SAY THAT WOULDHAVE SAVED LIVES, DUI ATTORNEYSAY IT TAKES AWAY FROM YOURFUNDAMENTAL RIGHTS.IT'S A LAW THAT WOULD HAVE GONEINTO EFFECT TOMORROW, THEIMPAIRED DRIVING ELIMINATION ACTTWO WOULD HAVE CREATED NEWPOLICIES FOR THOSE ACCUSED OFDRUNK DRIVING.FOR INSTANCE IT WOULD HAVEALLOWED AUTHORITIES TO DESTROY ADRIVER'S LICENSE ONCE THEY AREARRESTED FOR DUI AND IT ALSOWOULD HAVE MADE IT ILLEGAL FOR ADRIVER TO REFUSE A BREATH TEST. >> THERE ARE SEVERAL PROBLEMSWITH THE LAW.CRYSTAL: BUT IN JUNE DUIATTORNEY JOHN HUNSUCKER AND 3OTHER ATTORNEYS FILED A LAWSUITARGUING DRIVER'S SHOULD STILLHAVE THE RIGHT TO REFUSE ABREATH TEST. >> THEY'VE GONE AND CRIMINALIZEDREFUSAL WHICH WE HAVE A PROBLEMWITH ATTORNEYS BECAUSE IT'S AVIOLATION OF THE MIRANDA RIGHTS.CRYSTAL: SINCE THE SUPREME COURTHAS NOT YET RULED ON THE LAWSUIT, THEY'VE ORDERED THE LAW NOT TOTAKE EFFECT FOR NOW.REPRESENTATIVE SCOTT BIGGS WHOCO-AUTHORED THE LAW SAYS QUOTE "SB 643 WAS PASSED BY THELEGISLATURE TO SAVE LIVES TOSAVE LIVES IN OKLAHOMA PLAIN ANDSIMPLE.IN THIS DAY AND AGE DUIS ARE100% PREVENTABLE, AND THIS NEWLAW STRENGTHENS AND IMPROVES THECURRENT SYSTEM."RIGHT NOW THERE IS NO WORD ONWHEN THE SUPREME COURT WILL MAKE

Advertisement

Drunken driving law won’t take effect Wednesday due to lack of state Supreme Court ruling

A drunken driving law would have gone into effect Wednesday, but it cannot be enacted because the Oklahoma Supreme Court hasn’t ruled on a lawsuit challenging its constitutionality.The Impaired Driving Elimination Act 2 would have made it illegal for suspected drunken drivers to refuse a breath test. While lawmakers said that would have saved lives, a DUI attorney said it takes away from Oklahomans’ fundamental rights.“There are several problems with the law,” DUI attorney John Hunsucker said.Hunsucker and three other attorneys filed a lawsuit in June, arguing drivers should still have the right to refuse a breath test.“They’ve gone and criminalized refusal, which we have a problem with as attorneys because it’s a violation of the Miranda Rights,” he said.Because the Oklahoma Supreme Court has not yet ruled on the lawsuit, officials have ordered the law not to take effect for now.Rep. Scott Biggs, who co-authored the law, and said lawmakers passed Senate Bill 643 “to save lives in Oklahoma plain and simple.”“In this day and age, DUIs are 100 percent preventable, and this new law strengthens and improves the current system,” Biggs said.There is now word on when the Supreme Court will make a ruling.

OKLAHOMA CITY —

A drunken driving law would have gone into effect Wednesday, but it cannot be enacted because the Oklahoma Supreme Court hasn’t ruled on a lawsuit challenging its constitutionality.

The Impaired Driving Elimination Act 2 would have made it illegal for suspected drunken drivers to refuse a breath test. While lawmakers said that would have saved lives, a DUI attorney said it takes away from Oklahomans’ fundamental rights.